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johnpaul21 (managing Director)     27 August 2013

Can poa file criminal complain

Can POA holder can file Complaint  under section 199 & 200 of the code of criminal procedure?

Background

I am POA holder of my uncle who was Director of a company and was representing majority shareholder(63%). He is presently living in Australia. He was clandestinely removed from the post of Directorship. Accused persons Managing Director and Director who was holding 37%(husband and wife) issued shares to themselves and took control of the company. The same is challenged before CLB by majority shareholders. Accused have files several fabricated documents including forged certificate of posting before CLB. I am planning to file a case against production of these forged certificate of posting. I have evidence in this regard which I got using RTI. I have already taken certified copies of the filings made by accused

Now my queries are

1. Can POA file criminal case with respect to creation and production of fabricated evidence ( I am not related to the company nor a party in CLB Petition)

2. Can I file case in my own capacity(not as POA of Director)

3. there is clear evidence of fabrication will it be considered as offence against state?

4.is there any cons in filing the above case by POA holder

Kindly inform any other aspects that requieres attention.

Thanks and regards

Arun

 



Learning

 1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     27 August 2013

Dear Arun

my opinion on your queries  are as under

1. Can POA file criminal case with respect to creation and production of fabricated evidence ( I am not related to the company nor a party in CLB Petition)

Opinion: Yes POA Holder can file a criminal complaint 

 

2. Can I file case in my own capacity(not as POA of Director)

Opinion: yes you can

 

3. there is clear evidence of fabrication will it be considered as offence against state? opinion: its depend on the material/evidence

 

4.is there any cons in filing the above case by POA holder

opinion: same as above


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